Charles E. Boyk Law Offices, LLC
It is impossible to overstate the pain that accompanies the loss of a loved one, especially if their death was premature, the result of a tragic accident, or stemmed from a criminal act. In a difficult time like this, it could be beneficial to seek out a compassionate personal injury attorney for help with any ensuing civil litigation.
Taking on the legal process alone might be overwhelming, not to mention it could potentially diminish your recovery. A Lima wrongful death lawyer could investigate your case and help you move forward with the best course of action for your situation.
Ohio Revised Statutes §2125 defines a wrongful death as any death caused by the wrongful act, neglect, or default of another person. A claim for untimely death may be filed if the deceased party would have been able to bring a personal injury lawsuit and recover compensation for the negligent act committed against them, had they survived the incident in question.
Wrongful death lawsuits typically result from unintentional torts. For example, the surviving family of someone killed in a car crash would have the right to bring a personal injury action against the negligent driver who caused the wreck.
However, wrongful death actions may also arise as a result of a criminal act such as manslaughter or murder. In addition to any criminal charges the state elects to pursue, a Lima attorney could bring a wrongful death lawsuit for damages like pain and suffering and loss of consortium.
Ohio state law establishes that only a personal representative of the deceased person’s estate may bring a wrongful death lawsuit to court. With this in mind, the following surviving parties are presumed under state law to have suffered damages and may seek recovery in a wrongful death suit:
Siblings and grandparents of the deceased may also seek compensation under certain circumstances. Although they are not presumed to have suffered damages under state law, they have the right to prove that they suffered losses in court.
ORC §2125 also imposes a time restriction on a representative’s right to bring a wrongful death suit. Under the statute, a wrongful death action in Lima must be filed within two years of the victim’s death.
Failing to file a wrongful death action on time may result in the filing party forfeiting their right to seek recovery. By hiring a knowledgable untimely death lawyer in Lima, a representative may be able to file their claim efficiently before the statute of limitations.
There is an assortment of damages that family members suffering from the loss of a loved one could pursue in court. These may include but are not necessarily limited to emotional pain and suffering, loss of support from the decedent’s reasonably expected earning capacity, loss of companionship, loss of care, and loss of future inheritance.
If you are mourning the unfortunate passing of a loved one due to a tragic accident, it may benefit you to seek the help of an attorney. With the legal assistance of a Lima wrongful death lawyer, you could seek financial restitution for the losses associated with your family member’s death. When you are ready, call to schedule a confidential consultation.